Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1887-02-19

be OuOIl6QeU CONTINUOUSLY III VA0 AO"op0Pe
! published nearest to where such killing
manning or iniuring shall occur, for the pr
Rod of thirty days after the first insertion
thereof. Should any corporation, conpa
ny or person fail, neglect. or refuse to put
lish, or cause to be published, such motto
and description in the manne herein pre-
vided, of any animal so killed, MANNED o
injured, for a period of fifteen days there
after, such corporation, company or pei
son, shall be liable to the owner of sucl
animal in an amount twice the full valu
thereof.
Sec. 8. If the owner of the animal O.
animals so killed, MANNED or injured, Or hi
or her authorized agent, shall make de
mand upon an agent Oh officer Of such col
poration or company, or upon such person
or his agent, and such corporation. compa
ny or person shall, for a period OF thirt.
days thereafter, fail, refuse or neglect tt
pay for the same, such corporation, com
of such animal or animals in an aznoun'
twice the full value thereof!
Sec. 4. Every railroad company shall
keep q book at some station in each count,
through which their roads runs, to be des
notice OF the station 50 designated
shall be filed with the County Clerk
OF tho counties in which such stations ar
located; and it is hereby made the duty o
said company to cause to he entered in sale
book, within fifteen days after the killing
manning or injuring OF any animal, the no
tice and description provided for in Sector
Two of this Act. and to keep said bookt
subject to the inspection OF persons claim
ing to have animals killed. Should any
company fail, neglect or refuse to keep said
book or to file such notice in the manner
herein provided, or to enter therein such de
scription of any animal so killed or injured
together with time and place Of such killing
or injuring, for q period OF fifteen days
thereafter, such company or corporation
shall be liable to the owner thereof in an
amount twice the full value thereof.
Sec. S. If the owner of any stock shall
drive any stock on the line OF the track oi
any such company or corporation with in
tent to injure such company or corpora
ton, and such stock shall be killed or in
jured, such owner shall not receive any
damage from such railroad company or cor
poration thereof, and shall be liable to such
company or corporation for all damages
such company or corporation may suffer in
consequence of such act, and shall also be
criminally guilty OF felony, and be liable to
an Indictment therefor, and on conviction,
shall be imprisoned in the Penitentiary not
less than one or more than five years; but
nothing herein shall be construed to pre-
any person from allowing his or her
stock to pasture on the lands adjacent to
the line of UGH railroads, or to drive his
stock over or across any such track at suit
able times and places.
Sec. 6. In every case of the killing or in
jurjDg of any such stock, the body of such
animal shalt belong to such company un-
less the owner thereof shall elect to take
the same in lieu OF said damages or part
thereof, within tw%enty-four hours after
such wounding or killing, but in every
other case the railway or railroad compa-
ny may proceed to take are Of and pre-
serve the body OF said animal; aud it shall
be the duty OF said company to preserve
the hide of such animal for at least thirty
days after killing for inspection by said
railroad or corporation at the station
house nearest to the place where such kill
ing occurred. If any agent or employee OF
such company shall bury any animal
killed or wounded by such company, with
out skinDing the same, or shall neglect to
keep for thirty days for inspection any
hide so taken as herein provided, such
agent or employe and such company shall
be fined any sum not less than one hum
dred nor more than three hundred dollars
for each and every animal, to be collected
in the name OF the Territory of Montana,
before any Court of competent jurisdiction,
One-half of the amount received to 60 to the
County Treasury of the County wherein the
recovery is had, and the other half to the
person at whose instance the suit was
brought.
Sec. z. 1t shall be the duty of all railroad
corporations, or railroad companies, op-
Grating any railroad within this Territory,
to keep the track of such railroad and the
ground on either side thereof, for a distance
equal to the space Of ground covered by
the grant of the right of way for such rail-
road company, provided the same does not
one hundred feet on either side of
said %road-bed, free from dead grass, weeds.
or other dangerous combustible material;
any railroad company or corporation
failing to comply with the provisions of
this section shall be liable for any damages
may occur from fire emanating from
such operating railroad.
Sec. 8. That an Act entitled an Act to
for the payment of stock killed or
by railroads, approved February
%, 1881, and an Act amendatory of said
Act, and all Acts and parts of Acts in con-
aict with this Act are hereby repealed.